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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 554

EXCHANGING PORTION OF NAVAL STATION AND LIGHTHOUSE STATION, KEY WEST, FLA.

APRIL 15 (calendar day, APRIL 26), 1935.-Ordered to be printed

Mr. FLETCHER, from the Committee on Commerce, submitted the

following

REPORT

[To accompany H. R. 7132]

The Committee on Commerce, to whom was referred the bill (H. R. 7132) to authorize the Secretary of the Navy and the Secretary of Commerce to exchange a portion of the naval station and a portion of the lighthouse reservation at Key West, Fla., having had the same under consideration, report it back to the Senate without amendment and recommend that the bill do pass.

The letter of the Secretary of Commerce showing that the exchange has the approval of the Secretary of the Navy was incorporated in the House report and is as follows:

Hon. S. O. BLAND,

DEPARTMENT Of Commerce,
Washington, April 6, 1935.

Chairman Committee on Merchant Marine and Fisheries,

House of Representatives, Washington, D. C.

MY DEAR MR. CHAIRMAN: Reference is made to informal request from your committee for a report concerning H. R. 7132, a bill to authorize the Secretary of the Navy and the Secretary of Commerce to exchange a portion of the naval station and a portion of the lighthouse reservation at Key West, Fla.

Enclosed is a memorandum from the Acting Commissioner of Lighthouses, this Department, in which I concur.

Sincerely yours,

DANIEL C. ROPER,
Secretary of Commerce.

Department of Commerce,
BUREAU OF LIGHTHOUSES,
Washington, April 6, 1935.

SECRETARY OF COMMERCE:

1. Reference is made to H. R. 7132, being a bill to authorize the Secretary of the Navy and the Secretary of Commerce to exchange a portion of the naval station and a portion of the lighthouse reservation at Key West, Fla., on which

the Department has been requested for a report from the chairman of the Committee on Merchant Marine and Fisheries.

2. The purpose of this bill is to authorize the Secretary of Commerce and the Secretary of the Navy to exchange certain small areas under their respective jurisdictions to increase the availability of each for the uses of the respective departments. The proposed exchange is considered advantageous and beneficial and it would in no way interfere with the activities of the two departments. It has the approval of the Secretary of the Navy.

3. It is recommended that the Department favor the enactment of the proposed legislation into law. H. D. KING, Acting Commissioner of Lighthouses.

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74TH CONGRESS 1st Session

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SENATE

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REPORT No. 556

"FRED C. AINSWORTH ENDOWMENT LIBRARY" AT WALTER REED GENERAL HOSPITAL

APRIL 15 (calendar day, APRIL 26), 1935.-Ordered to be printed

Mr. SHEPPARD, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. J. Res. 98]

The Committee on Military Affairs, to whom was referred S. J. Res. 98, to authorize the acceptance on behalf of the United States of the bequest of the late Maj. Gen. Fred C. Ainsworth for the purpose of establishing a permanent library at the Walter Reed General Hospital to be known as the "Fred C. Ainsworth Endowment Library", having considered the same, report favorably thereon with a recommendation that it do pass.

This measure is recommended by the War Department. General Ainsworth's will made provision for a bequest of $10,000 to provide a permanent library at Walter Reed General Hospital to be known as the "Fred C. Ainsworth Endowment Library." The executor has advised that, at the present market value of the securities involved, the amount available would be between $7,500 and $8,000.

The War Department wishes to accept the bequest, but is of the opinion that congressional action is necessary therefor. The Department points out that due to the final provision of the will making a decision of the executor obligatory within 1 year from death, which would be June 5, 1935, congressional action must be obtained without delay if the Department is to secure this bequest.

Letter from the War Department on this measure follows:

Hon. MORRIS SHEPPARD,

Chairman Committee on Military Affairs,

APRIL 4, 1935.

United States Senate, Washington, D. C. DEAR SENATOR SHEPPARD: On December 15, 1934, the American Security & Trust Co., Washington, D. C., acting as executor for the estate of the late Maj. Gen. F. C. Ainsworth, advised the executive officer, Walter Reed General Hospital, that General Ainsworth's will made provision for a bequest of $10,000 to provide a permanent library at Walter Reed General Hospital to be known as

the "Fred C. Ainsworth Endowment Library." The language of the will left with the executor full and final decision as to acceptance or nonacceptance of the agency to receive and administer the fund, as well as to certain details of its administration. The executor has advised that, at the present market value of the securities involved, the amount available would be between $7,500 and $8,000.

The War Department desires to accept the bequest but is of the opinion that congressional action is necessary therefor. A draft of a joint resolution to that end is enclosed herewith, with request that the same receive favorable action by the Senate.

Due to the final provision of the will making a decision of the executor obligatory within 1 year from death, which would be June 5, 1935, congressional action must be obtained without delay if the War Department is to secure this bequest. For this reason early action by the Senate on the proposed joint resolution will be appreciated.

A similar letter is being sent to the Speaker of the House of Representatives.

Sincerely yours,

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APRIL 15 (calendar day, APRIL 29), 1935.-Ordered to be printed

Mr. AUSTIN, from the Committee on the Judiciary, submitted the

following

REPORT

[To accompany S. 1277)

The Committee on the Judiciary, to whom was referred the bill S. 1277 authorizing persons, firms, corporations, associations, or societies to file bills of interpleader, having had the same under consideration, report favorably thereon with an amendment in the nature of a substitute and recommend that as amended the bill do pass.

The amendment strikes out all after the enacting clause and inserts provisions which are a development of the original bill in part effecting the following changes in the present law:

Bills in the nature of interpleader are included;

The class of parties entitled to use of the remedy is broadened; The scope of interpleader is extended over other subjects than insurance;

The titles or claims supporting the action are extended;

The venue is made more convenient for claimants;

A bond is permitted as an alternative deposit;

Privity among claimants is abolished;

Interpleader is allowed defensively in actions at law.

At the second session of the Seventy-third Congress the same bill, bearing calendar no. 1517 and S. no. 1538, was comprehensively reported from the Senate Committee on the Judiciary by the Senator from Rhode Island, Mr. Hebert, report no. 1417, which is made a part hereof, as follows:

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